The coronavirus pandemic (COVID-19) has created some serious issues for the construction industry. Unfortunately, the necessary focus on site safety and cash flow could result in another major challenge falling down the list of priorities – that of eliminating modern slavery from the supply chain.
On 20 April 2020, the Home Office took steps to maintain the industry’s focus on modern slavery by publishing Guidance – Modern slavery reporting during the coronavirus (COVID-19) pandemic. This guidance:
- underlines how essential it is for businesses to continue to identify and address risks of modern slavery in their operations and supply chains;
- guides businesses on how to address and report on modern slavery risks during the COVID-19 pandemic;
- recaps the requirements of section 54 of the Modern Slavery Act 2015 (MSA) under which certain businesses must publish an annual modern slavery statement outlining the measures taken to identify and address modern slavery risks throughout their business; and
- acknowledges that the effects of COVID-19 (such as reduced staff) might make it difficult for some businesses to report within the statutory timeframe.
The guidance gives breathing space to those businesses who may need to delay their modern slavery report for up to six months due to
COVID-19-related reasons by confirming that their delay will not be penalised. However, businesses must state the reason for their delay and use their next statement to demonstrate how they monitored their risks during this period and adapted their activities and priorities in response.
The guidance highlights specific risks that businesses must consider. COVID-19 might give rise to new slavery risks and businesses might have to prioritise the handling of those rather than risks previously reported upon. Local or government policies might not be implemented throughout the supply chain. The current conditions will mean more workers are vulnerable to exploitation. For example, not paying statutory sick pay, late cancellations of orders, late payment for supplies and inadequate or no grievance procedures might leave some workers exposed. Where projects require additional labour, recruitment processes should be monitored rigorously to protect vulnerable workers.
The guidance very usefully sets out a list of organisations from which businesses can seek guidance and support in protecting their workforce and eliminating modern slavery despite the challenging working environment. The list highlights the 10 principles of the UN Global Compact, the United Nations Development Programme’s tool: Human Rights Due Diligence and COVID-19: Rapid Self-Assessment for Business and the World Economic Forum’s guidance on how businesses can help during the pandemic.
